CONFIDENTIAL
1+l Copy
THE CRIMINAL PROCEDURE (AMENDMENT)
(NO. 2) ORDINANCE 1968
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2, The present position in this matter is that we await a
further communication from the Governor following Sir Michael
Hogan's return to Hong Kong at the middle of May. It is not
considered that the subject should be raised with the Governor,
he but it may well be that the latter will mention it himself during
Mr. Moreton's visit. In this event it is suggested that the
he Governor should be informed that any additional proposals or
h
arguments that he introduces will naturally be carefully con-
sidered but that since fundamental legal principles are involved,
it would be necessary for such proposals to be studied by our
Legal Advisers; for this reason it would probably be best and
Governor to pursue the quickest for the /matter to be further pursued-direct with the
Department.
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FAA 7.
Background
The Criminal Procedure (Amendment) (No. 2) Ordinance (copy
13 Ave attached) which was enacted in September 1968 embodies into the
permanent law the provisions of Emergency (Principal) Regulation
88 and the Emergency (Courts) Regulations (Legal Notice No. 79/67).
These provisions confer considerable powers on High Court Judges,
District Judges and Magistrates to exclude the public from criminal
courts in the interests of justice or public order and security.
When the Ordinance was received in the Department the Legal
Advisers had very strong misgivings about the comprehensive nature
of these powers. These misgivings were conveyed to the Governor
in the Secretary of State's Saving Despatch No. 663 (copy attached).
The Despatch informed the Governor that although notification of
non-disallowance of the Ordinance would not be withheld (notifica-
tion of non-disallowance has in fact already been conveyed to the
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